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Understanding the nuances between reasonable suspicion and probable cause is crucial in navigating the legal framework of the Fourth Amendment.
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While Cady recognized that police perform “many civil tasks” in modern society, the “recognition that these tasks exist” is not “an open-ended license to perform them anywhere,” Justice Clarence Thomas wrote in the majority opinion.
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Attorney Missy O'Linn explains her "Constitutional Law Crate," which she created as 11 flash cards assembled into a cube, or crate, to give officers a way to remember the most imperative information when testifying in court, such as the three levels of force and Graham v. Connor.
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Sometimes, people run when they see you coming. May you chase them? If you do, does that amount to a "show of authority" constituting a detention, requiring reasonable suspicion?
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In a series of cases, the court has upheld searches and seizures made by officers who were mistaken in their understanding of the facts they confronted, or as to the law to be applied.
Read More →The Supreme Court opened its new term Monday pondering whether a police officer's misunderstanding of the law can justify a traffic stop that led to the seizure of illegal drugs.
Read More →The Supreme Court on Tuesday, will hear cases involving search of personal cell phones incident to arrest.
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Some search-and-seizure rules are not very clear, and state and local federal courts might apply them differently. How can you be expected to pick and choose the right rule on an issue for which there doesn't seem to be just one "right" rule?
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The U.S. Supreme Court has agreed to hear a California case involving a suspect arrested by police after his girlfriend allowed officers to search the couple's apartment.
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License-plate readers give law enforcement a location tracking tool that may violate constitutional privacy rights, the American Civil Liberties Union argues in a new report released today.
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